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Hello experts, I mate with an accident today. One tempo truck hit me due brake failure as driver said . I am all right somehow manage to avoid bad impact. But one lady got serious injuries in that accident as tempo hit her and she is hospitalised. my bike handle is twisted and rear tale light section is broke. Police has taken my and tempo driver's license. And bike is at Police station. They are saying we can't give your license and Bike back till RTO verification. Next day I have filed FIR also as Police said that lady can't give statement. So is this a valid legal procedure? Or should i take my bike and license back?
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A. Dear Sir, The police must have taken custody of your bike as they apprehended the accident to be a result of "Head on Collusion". In an accident case, you have to lodge an FIR against the offending tempo driver. You have the right to get back your bike and license. They cant impound your vehicle. You may request the OIC to release yoir bike, if he does not do so then move to the next level officer. If none respond then you may move before the Judicial Magistrate for release orders.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Aziz Hawalchi

Posted 11 months ago

An accident happened on 10th Oct '17 in which a friend of mine died. Another friend (being third party) lodged an FIR but neither of both parties (victim's father and other driver's side) are not interested in case nor compensation. I'm supposedly eye witness with my name on FIR. We have court summons date on 17th May '18. What should we do to quash the FIR now?
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A. Dear Sir, Please enumerate on the fact that how did the accident take place and other related matters. Please consult for an advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Can I have the copy of Decree and EP for the MCOP case, from the UIICo., Ltd., Divisional Office , Hosur, under RTI or Other existing procedure.
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A. Hi, Yes you can have the copy if the decree, if you were an interested party in the case. By following the procedure under RTI, it might be a time consuming process as because they will have a time frame of 30 days to reply and if they do not reply then you will have to file appeal. There are other existing procedures for getting the copy.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Prakash R

Posted 1 year ago

One month back,My parked vehicle met with accident while opening door of car, the third party had minor injury, I took them to hospital and were treated, police complaint was not filed, I reported insurance company for my motor claim, and mentioned no third party claim , but now the third party is saying that he could not attend the job and needs some wage compensation, question: now can I file police complaint and claim with insurance company?
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A. There are two types of complaints that can be lodged with insurance company: 1. Own damage and (This is filed by the Owner) 2. Third party damage. (This is filed by the third party) As per your post you have lodged an Own damage claim. Now as per your second part: "now can I file police complaint and claim with insurance company" This question is abnormal in nature as because those who meet with accident, file case against the owner and Insurance company after lodging FIR and these types of cases are called MAC cases. Why do you want to file FIR and against whom? Please answer to get professional advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
What if we buy our relative or a known person a two wheeler in my name and id card since he is from state uttar Pradesh and is having the id card of uttar Pradesh but he is currently living in Delhi and wanted to buy a vehicle in Delhi so he requested me to buy him a vehicle in Delhi with my id card of Delhi because a person in Delhi buying a vehicle must have the id card of Delhi , so while I let him buy a two wheeler in my name and id but he will be paying for it and will be driving it. So what steps and precautions should I follow before letting him buy a vehicle with my id coz if he accidents someone or the vehicle gets involved in any sort of crime , since the ownership is in my name , I would be in a problem.
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A. You may purchase the same in your name and then make a sale deed to him. Once the sale deed is made, and brought in to action then the actual possession of the property passes on to the purchaser and even if he does not bring about a change in the documents of the property like Registration certificate etc your name will be registered with RTO but if he meets with an accident or is involved in any sort of act which is unlawful and the vehicle gets impounded, the police authorities/court may call/summon you as because your name is in the records of RTO but by producing the Sale Deed you can very clearly and evidently show that the current owner is someone else and you are no where responsible. You will be saved even if, he drives the vehicle without obtaining a licence.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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